What is an attestation document in Hong Kong?

An attestation document in Hong Kong is thus a certificate that verifies either the authenticity of a document or the veracity of some statement, mainly for use in jurisdictions outside Hong Kong. This, in fact, is an extremely important step towards making documents issued in Hong Kong valid and accepted elsewhere.

1. 1. Types of Attestation in Hong Kong:
   • 1.1 Notarization
     • Definition: Performed by a Notary Public means the attestation to the genuineness of documents, verification of the identity of signatories, and witnessing of signatures.
     • Purpose: Notarized documents usually find their applications in international transactions, litigation processes, or the setup of business concerns in foreign jurisdictions.
     • Process: The Notary Public goes over the document, identifies the identity of the signatory, and affixes the notarial seal and signature attesting to its authenticity.
   • 1.2 Apostille:
     • Definition: An apostille is a certificate issued by the Hong Kong High Court that authenticates the origin of a public document.
     • Purpose: This will make it easy to legalize the documents to be used in countries that are signatories to the Hague Apostille Convention.
     • Process: The document, after being notarized, is submitted for an apostille to the Apostille Service Office of the High Court, which then appends an apostille to the document, authenticating the document as true. Judiciary Hong Kong
   • 1.3 Legalization:
     • Definition: The process of giving authenticity to a document by building a chain of certifications, one after another by different authorities, until the consulate or embassy of the country where it is to be used ultimately endorses such documents.
     • Purpose: It is required for the documents that are to be used in countries that are not party to the Hague Apostille Convention.
     • Procedure: The document is notarized, then certified by the Hong Kong High Court or government department responsible for legalization, and finally, the document is legalized by the consulate or embassy of the country to which it is to be sent.
2. 2. China Attestation: For those documents that need to be used in Mainland China, a certain attestation procedure should be performed:
   • China-Appointed Attesting Officer (CAAO): Those are the qualified Hong Kong lawyers appointed by the Ministry of Justice of the People’s Republic of China who have been authorized to attest documents that are to be used in Mainland China.
   • Procedure: Under this procedure, the CAAO verifies and certifies the document, which, upon legalization by the China Legal Service (Hong Kong) Limited, would be recognized in Mainland China.
3. 3. Common Documents Requiring Attestation:
   • Personal Documents: Birth certificates, marriage certificates, academic transcripts, and identification documents.
   • Company Documents: Certificates of incorporation, business registration certificates, board resolutions, and financial statements.
   • Legal Documents: Powers of attorney, affidavits, and contracts.

Conclusion

Hong Kong’s attestation is a giant procedure meant to verify documents for use overseas. The type of attestation, be it notarization, apostille, legalization, or China attestation, depends on which country it will be used in. By acting with Hong Kong legal professionals or notarial services, it can be ensured that the proper attestations are provided for them to be accepted or to become legal status in other jurisdictions.